Attachment II - Page 48 
50902 Federal Register / 
• Mow the particular race or strain of 
tne plant pest to be studied interacts 
with the race or strain of the plant pest 
that might be found in the area where 
the test facility is located; 
• Whether the value of the 
information to be obtained from the 
research outweighs the risk associated 
with plant pest dissemination; 
• Whether alternate and less harmful 
plant pests could be utilized to obtain 
the desired research information; 
• The mobility and host range of the 
pest; and 
• Availability of effective irradiation 
procedures or materials in the event of 
an accidental escape of the pest. 
Further, individuals receiving a permit 
are required to enter into an agreement 
with USDA stating that they will abide 
by all conditions imposed by USDA 
regarding testing, use, and disposal of 
the plant pest. 
Noxious Weeds 
In addition to regulating the 
movement of plants, plant products, and 
other articles, and plant pests to prevent 
the introduction or establishment of 
exotic plant pests, USDA has authority, 
pursuant to the Noxious Weed Act (7 
USC 2801 through 2812), to regulate the 
importation or movement interstate of 
noxious weeds. 
"Noxious weed” is defined by statute 
to mean any living stage (including but 
not limited to, seeds and reproductive 
parts) of any parasitic or other plant of a 
kind, or subdivision of a kind, which is a 
foreign origin, is new to or not widely 
prevalent in the United States, and can 
directly or indirectly injure crops, other 
useful plants, livestock, or poultry or 
other interests of agriculture, including 
irrigation, or navigation or the fish or 
wildlife resources of the Untied States 
or the public health. 
USDA regulates the importation of 
noxious weeds through a permit system 
similar to that established and discussed 
above for plant pests. Regulations in 7 
CFR Part 360 designates plants as 
noxious weed3 and establishes 
procedures for obtaining an import 
permit. 
As previously discussed, the 
movement into or through the United 
States of plants, plant products, other 
articles capable of carrying plant pests, 
and plant pests derived from techniques 
of biotechnology would be regulated by 
USDA as described above if it Is 
determined that such plants, plant 
products, other articles, or plant pests 
present a risk of introducing or 
establishing exotic plant pests in the 
United States. The following examples 
illustrate this point. 
Vol. 49, No. 252 / Monday, December 
Nitrogen Fixing. Bacteria of the genus 
Rhizobium have been found to be 
beneficial to legume plants because they 
make available to the legume plant an 
increased amount of nitrogen, important 
to the growth and development of the 
plant. Currently, experimentation is 
being to see if Rhizobium can be 
genetically altered so that it can be 
introdued in com and certain other non- 
legume plants and thereby make 
available to these plants increased 
amounts of usable nitrogen. However, 
one negative effect of Rhizobium is that 
some strains have been shown to 
product an undesirable yellowing on 
plants. 
To the extent that strains of 
Rhizobium are commercially 
manufactured and distributed, their 
movement into or through the United 
States would be regulated by USDA as 
described above to prevent the 
movement of undesirable strains. 
Ice nucleation negative bacteria. The 
bacterium Pseudomonas syringae, 
currently used in ice nucleation research 
and product development, is a plant 
pathogen. This disease agent can cause 
leaf spotting, shoot wilting, and/or 
blossom drop in a wide spectrum of 
crops, including stone and pome fruits, 
citrus, various grasses, lilac, string 
beans and lima beans. These bacteria 
are also residents on non-host plants, 
and, as such, exist on a wide spectrum 
of non host plants without causing 
disease. As residents on plants, they 
foster the development of ice crystals at 
32' F. Pseudomonas syringae bacteria 
has been biotechnologically engineered 
so that it does not promote ice crystal 
formation until 27' F. or lower. These 
biotechnologically manufactured 
bacteria are known as ice nucleation 
negative bacteria. If non host plants are 
sprayed with ice nucleation negative 
bacteria early in the plants' growth, the 
bacteria occupies sites that would have 
been occupied by naturally occurring ice 
nucleation positive bacteria without 
causing any of the harmful effects found 
on host plants. This procedure delays 
frost damage on sprayed plants until the 
temperature falls to 27' F., thus 
extending the growing season 2 to 4 
weeks and increasing yields. 
Since Pseudomonas syringae bacteria 
are plant pathogens, whether 
biotechnologically engineered or not, its 
movement into or through the United 
States would be regulated by USDA as 
described above. 
Detection and Responses to Prevent 
Establishment of Plant Pests in the 
United States 
In addition to the authority discussed 
above regarding regulating the 
31, 1984 / Notices 
movement of plants, plant products, 
other articles capable of carrying plant 
pests, and plant pests to prevent the 
introduction and establishment of exotic 
plant pests in the United States, USDA 
also has authority, experience and 
elaborate procedures established to 
detect, suppress, and eradicate exotic 
plant pests should they be introduced or 
established in the United States. 
USDA has authority to declare an 
extraordinary emergency and take 
certain regulatory action affecting 
intrastate commerce (7 U.S.C. 150 dd(b)). 
The declaration of an extraordinary 
emergency authorizes the Secretary of 
Agriculture, after determining that 
measures being taken by the State are 
inadequate, to (1) seize, quarantine, 
treat apply other remedial measures to, 
destroy, or otherwise dispose of, in such 
a manner as the Secretary deems 
appropriate, any product or article of 
any character whatsoever, or means of 
conveyance which the Secretary has 
reason to believe is infested by, or 
contains an exotic plant pest; and (2) 
quarantine, treat, or apply other 
remedial measures to, in such a manner 
as the Secretary deems appropriate, any 
premises, including articles on such 
premises, which the Secretary has 
reason to believe are infested or 
infected by an exotic plant pest. 
Pursuant to the Organic Act of 
September 21, 1944 (7 U.S.C. 147a), 
USDA is authorized to cooperate with 
States or political subdivisions thereof, 
farmers’ associations and similar 
organizations, and individuals to carry 
out operations or measures to detect, 
eradicate, suppress, control, or to 
prevent or retard the spread of plant 
pests. Utilizing this authority, USDA, in 
conjunction with its cooperators, has an 
extensive system for detecting and 
controlling exotic plant pests and 
diseases. Procedures are established for 
communicating, reporting, planning, and 
managing such exotic plant pests or 
disease. 
When any unusual or significant 
damage to a crop is observed, a 
determination is made whether the 
cause is due to an exotic plant pest If a 
determination is made that an exotic 
plant pest is present in the United 
Slates, appropriate federal and state 
regulatory officials, industry, and the 
general public are alerted. USDA and its 
cooperators conduct nursery and field 
inspections, provide survey 
coordinators, conduct past surveys to 
assess the extent of the plant pest 
infestation, and provide electronic 
communication which is distributed 
among all offices involved in the survey 
and detection efforts. 
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